State v. Nebeker

SAM, District Judge:

Defendant Richard A. Nebeker appeals a jury conviction of burglary (U.C.A., 1953, 76-6-202) and aggravated assault (U.C.A., 1953, 76-5-103) rendered in the Third Judicial District Court. Defendant contends that the disassembly of photo arrays and subsequent witness identification of the defendant denied him his right to due process of law. Defendant also contends that the evidence before the jury was insufficiént to meet the “beyond-a-reasonable-doubt standard” required to support the jury conviction.

The facts reflect that at about 11:40 a.m. on September 24, 1979, there…